Legislative
Key Bills

Colorado 2005: How Civil Liberties Fared in the State Legislature

The ACLU of Colorado puts membership dues to good use advocating for civil liberty-friendly legislation and stopping those measures that would erode our freedoms. The committee that oversees legislation works very hard during the session, meeting weekly to discuss the bills as they are introduced. Committee members decide whether to monitor a bill – especially if it could morph into something bad, and determine to support, actively support or oppose the bill. The last two categories are the bills that usually require ACLU testimony.

As you will see below, the ACLU is vigilant on a wide range of issues because of potential impacts on civil liberties and civil rights in Colorado. We cannot afford to ignore this vital part of the ACLU of Colorado’s mission.

Working with the first-ever contract lobbyist, the committee was very successful in 2005. If you want to receive updates and action alerts about legislation, sign up here.

Also, for the first time, we created a 2005 legislative scorecard in which we highlight 30 of the bills that we feel had the biggest impact on civil liberties. The voting record of each legislator has been included in it as well, to provide the general public with an easy way to see the exact stance of their elected representatives on many key issues. To view the scorecard in its entirety, please Click Here.


Key Terms

Actively Support: ACLU actively lobbied or testified for the passage of the bill.

Support: ACLU supported the bill but did not testify on it.

Actively Oppose: ACLU actively lobbied or testified in order to prevent a bill’s passage.

Monitor: The bill didn’t have a positive or a negative input on civil liberties but there was a potential for that to occur.

Postponed Indefinitely: The bill was killed in committee, before going to a legislative floor vote.

Note: If the current status shows action by the governor, it means that the bill passed both houses of the Colorado legislature.

Reproductive Rights

HB 1042: Emergency Contraception For Survivors
Rep. Boyd and Sen. Vega
This bill required hospitals that treat survivors of sexual assault in their emergency rooms to inform the patients of emergency contraception options (EC). It required emergency rooms to either dispense EC or to provide a prescription and a referral to a pharmacy. Personnel who objected on moral or religious grounds were exempt, however, hospitals were not. EC was defined not to include RU-486, miferpristone or other drugs that induce medical abortion.
Position: Actively Support
Current Status: Vetoed by Governor


HB1141: Positive Birth Drug Test As Child Abuse
Rep. Harvey and Sen. Tochtrop
This bill defines the words “abuse” and “child abuse or neglect” in the Colorado Children’s Code to include cases in which a newborn tests positive for a schedule I or a schedule II controlled substance. The mother would not be investigated if she was legally prescribed drugs or voluntarily relinquished the baby. The ACLU opposed this bill because it does not require the universal testing of all newborns; instead it only specifies the testing of infants who either look unhealthy upon birth or are born to mothers who are known to officials to have an ongoing drug problem. Because these officials are much more likely to have such information on mothers who used public clinics rather than private doctors, lower income women are more likely to be subjected to these tests. We also believe that decisions about such testing should be determined by healthcare professionals, and not be mandated by the government.
Position: Actively oppose
Current Status: Signed by the Governor


HB1161: Immunization Tracking System
Rep. Pommer and Sen. Kester
Amended to strike everything and replace with amendment to permit the use of moneys in the infant immunization tracking system (Created by SB 05-087). Contingent upon savings resulting from HB 05-1243 and HB 05-1131 becoming law.
Position: Amend
Current Status: Signed by the Governor

HB1072: Abortion Clinic Licensing
Rep. Schultheis
Required abortion providers to be licensed by the Department of Public Health and Environment annually and to pay a $5,500 fee. Directed the board of health to promulgate rules regarding physical facilities such as: private space, dressing rooms, bathroom areas, hand washing, procedure rooms, lighting and ventilation, emergency exits, and storage. In addition, rules would be promulgated for supplies and equipment, clinic personnel, medical director and physician requirements, medical screening and evaluation, abortion procedures, recovery room procedures, follow-up procedures and reporting requirements. Established procedures for the issuance, denial and revocation of licenses. Authorized injunctions, civil penalties, and criminal penalties for violations of the act or the rules.
Position: Actively oppose
Current Status: Postponed Indefinitely


HB1106: Unborn Child Pain Awareness Act
Rep. Brophy
The Act required informed consent from the provider prior to an abortion. The woman must be informed that the abortion will cause pain to the fetus and if she chooses not to use anesthesia or other pain-reducing drugs for the ‘pain-capable-child’ she will be subject to a class one misdemeanor. Provided for a health exception if “serious risk or irreversible physical health damage entailing substantial impairment of a major bodily function” exists.
Position: Actively oppose
Current Status: Postponed Indefinitely

HB1155: Definition of Pregnancy
Rep. Lundberg and Sen. Lamborn
Changed the definition of pregnancy in the criminal abortion statute to the “process of gestation in utero from conception to birth” from “the implantation of an embryo in the uterus.”
Position: Actively oppose
Current Status: Postponed Indefinitely

HB1260: Prohibit Post-Viability Abortions
Rep. Crane
Made post-viability abortion a class 1 misdemeanor. Defined “viability” as a fetus that if completely expelled from the mother would be likely to have a heartbeat, respiration or voluntary movement. Created an affirmative defense for cases where abortion prevents the death of a pregnant woman, or is necessary to prevent substantial impairment of a major bodily function.
Position: Actively oppose
Current Status: Postponed Indefinitely

Religious Freedom

HB1249: Daily Time Of Quiet Reflection Each School Day
Rep. Gallegos and Sen. Hagedorn
Encouraged school districts to adopt policies requiring teachers to conduct quiet time of reflection not to exceed 60 seconds.
Position: Monitor
Current Status: Postponed Indefinitely

HB1258: Property Tax Credit For Private School Tuition
Rep. Lundberg
Created a property tax credit for taxpayers who pay tuition to private schools. Limited the credit to taxpayers that had a child enrolled in public school in the previous year in a school district in which enrollment has increased from the year prior to the property tax year for which the credit is claimed. Established a mechanism for the county treasurer to be reimbursed by the state treasurer for the amount of the credits from the general fund. Required school districts to annually certify whether their enrollment count has increased as compared to the previous year. Stated that the tax credits shall not affect a school district’s share of its total program for the purposes of the School Finance Act.
Position: Actively Oppose
Current Status: Postponed Indefinitely

SCR004: Repeal Colorado Constitution Section 7 of Article IX
Sen. Evans
Proposed an amendment to Article IX of the Colorado Constitution to repeal the prohibition on the use of public assets for sectarian purposes. Set ballot language. (Requires two-thirds super-majority approval in both houses to be referred to ballot).
Position: Actively oppose
Current Status: Postponed Indefinitely

Immigrant Rights

HB 1086: Reinstate Medicaid For Legal Immigrants
Rep. Plant and Sen. Tapia
Reinstates medical assistance eligibility for legal immigrants. Requires the department to recover all medical assistance paid from the immigrant’s sponsor.
Position: Actively Support
Current Status: Signed by Governor

HB1124: In-State Tuition
Rep. Vigil and Sen. Tapia
Defined eligibility for in-state tuition status to apply to students, regardless of immigration status, who graduate from a public or private high school in Colorado or receive a G.E.D. in Colorado and had attended the high school for at least 3 years prior to graduating or receiving a G.E.D. and provide the institution of higher education that the student has filed or intends to file an application to become a permanent resident.
Position: Actively support
Current Status: Postponed Indefinitely

HB1271: Limit Gov’t Services To Persons Legally In The US
Rep. Schulteis
Prohibited state and county government agencies from providing services to persons who are not legally present in the US. Made exceptions for police and fire protection, K-12 education; emergency medical care in a hospital emergency room; services necessary in a public emergency; incarceration; and any other service required by federal law to be provided to persons not legally present in the US. Required state and county governments to ascertain legal status through valid documentation.
Position: Actively Oppose
Current Status: Postponed Indefinitely

HCR1007: Services for Legal Residents of the US
Rep. Schultheis and Sen. Lamborn
Proposed an amendment to the Colorado Constitution that prohibits government expenditures to provide non-emergency services to persons who are not legal residents of the US. Made an exemption for federally mandated services and incarceration. Set ballot question language. (Requires two-thirds super-majority approval in both houses to be referred to the ballot).
Position: Actively oppose
Current Status: Postponed Indefinitely

HJR1060: Study on Impacts of Illegal Immigration
Rep. Schultheis and Sen. Lamborn
Position: Monitor
Current Status: Postponed Indefinitely

Justice and the Courts

HB 1014: Substantive Omnibus Criminal Law Changes
Rep T. Carroll and Sen. Grossman
This bill adds the costs incurred in the clean up of drug labs to criminal restitution. Also criminalizes the making of credible threats to cause bodily injury or death with a deadly weapon to a person the actor believes to be a student or school official or employee. It furthermore adds 2 hallucinogens (“foxy methoxy” and a designer “ecstasy” drug) to the list of schedule I narcotics, and adds sexual orientation and physical or mental disability to bias-motivated crimes statute.
Position: Monitor
Current Status: Became a law without the Governor’s signature

HB1034: Juvenile Competency
Rep. Stafford and Sen. Windels
This bill prohibits the trial or sentencing of a juvenile who is incompetent to proceed. It allows the question of competency to be raised by the court, probation officer, guardian ad litem, or defense attorney. Allows the motion to be filed by the parents or legal guardian of the juvenile after commencement of the proceeding if the mental condition was unknown and good cause is shown. Requires the court to make preliminary findings of competency and allows the court, if the information is inadequate, to order a competency examAllows for the court to proceed if the juvenile is found competent but needs assistance in understanding the proceedings. Requires the court to stay the proceeding if the juvenile is found incompetent but may be restored with a progress report every 90 days. If the juvenile is found incompetent and cannot be restored, the court shall order a management plan.
Position: Monitor
Current Status: Signed by the Governor

HB1108 Privileged Communications Peer Report
Rep. Larson and Sen. Bacon
Adds to the statute regarding who may not testify without consent with regard to those members of peer support teams in law enforcement or firefighting agencies who are acting in their official capacity and are functioning within the written peer support guidelines for the department. This also applies only with regard to individual counseling, not group de-briefings, and makes exceptions for criminal conduct, child abuse, mental illness, or when the peer support team member was a witness to the incident, which prompted the delivery of services.
Position: Monitor
Current Status: Signed by the Governor

HB 1270: Amber Alert For Abducted “Newborns” (amended title)
Rep. Cardman and Sen. Sandoval
Requires Amber Alerts to include abducted newborns. Clarifies that complete identification information is not required to issue an Amber Alert for abducted newborns.
Position: Monitor
Current Status: Signed by the Governor

SB031: False Statements In Elections
Sen. Keller and Rep. Merrifield
Adds “recklessly” to the standard for election related statements. Expands the “knowingly violation communication” to include any form of communication, including broadcasting or causing the broadcast. Increases the penalty from a class 2 to a class 1 misdemeanor for “knowingly” and adds a class 2 misdemeanor for “recklessly.” Effective date is 09/01/2005. Amended to include 527 committees in the definition of “person” for the purposes of this section.
Position: Monitor
Current Status: Signed by the Governor

SB138: Criminal Procedure Omnibus
Sen. Grossman and Rep. T. Carroll
Repeals the requirement that a person whose bail is revoked or increased based upon the commission of a new felony be tried within 90 days of the issuance of such an order or within 6 months after the defendant’s arraignment, whichever is earlier. Clarifies that, when a defendant makes an ineffective assistance of counsel claim, the defendant automatically waives confidentiality related to the issues in the ineffective assistance of counsel claim. Upon request of the prosecution, the defendant or new counsel must allow the prosecution to inspect materials that the ineffective counsel or expert released to the defendant or new counsel. Allows the court to, under certain circumstances, order the testimony of a child less than 12 years of age or that of a developmentally disabled person to be taken in a room other than the courtroom and transmitted via closed circuit to the courtroom. States that evidence of a victim’s past sexual conduct is only admissible at trial. In a motion to offer evidence of a victim’s past sexual conduct, it requires the court to rule on the motion without testimony if the prosecution stipulates to the facts contained in the offer of proof. Permits, rather than requires, the questioning of the victim at a hearing on a motion to offer evidence of a victim’s past sexual conduct. Seals all motions, documents, records, recordings, and transcripts related to a motion to offer evidence of a victim’s past sexual conduct unless the court rules the evidence is admissible and the case proceeds to trial. Allows law enforcement to take a person arrested for violation of a restraining order to jail in the county where the order was issued. Permits a charge of violation of a restraining order to be tried either in the county where the violation occurred or in the county where the restraining order was issued. Allows a case involving violation of bail bond conditions to be tried either in the county where the violation occurred or in the county where the bond was issued. As amended in the Senate it also allows scientific evidence (i.e. DNA) to be presented at the preliminary hearing. As enacted the amendment was removed.
Position: Monitor
Current Status: Signed by the Governor

SB185: Concerning State Administrative Hearings
Sen. Isgar and Rep. Harvey
Amends the “Fair Campaign Practices Act” to allow any prevailing party in administrative hearings to recover costs and attorney fees. Changes the name of the Division of Administrative Hearings to the Office of Administrative Courts. Permits establishment of administrative courts in Denver, southern Colorado and on the western slope. Directs the director of the office to appoint and assign ALJs(Administrative Law Judges) to hear particular cases. Makes qualifications for ALJs the same as district court judges. Gives ALJs the power to issue subpoenas and administrative oaths, and to encourage alternative dispute resolution. Amended to make recovery of attorney fees and costs in FCPA cases discretionary upon determination that action “lacked substantial justification,” which is defined as substantially frivolous, groundless or vexatious.
Position: Monitor
Current Status: Signed by the Governor

SB193: State Agencies May Request CBI Assistance
Sen. Grossman and Rep. Strengel
Adds the head of state agencies to the list of persons who may request that the Colorado Bureau of Investigation become involved in the investigation of a crime. Defines “state agency” to include departments and agencies of the executive branch and the office of the state auditor.
Position: Monitor
Current Status: Signed by the Governor

SB217: Mitigation Of Meth Lab Contamination
Sen. Grossman and Rep. Hodge
Gives the owner of personal property within a structure or vehicle contaminated by an illegal drug lab 10 days from the date of discovery to remove or clean the personal property. Adds the property owner’s contractor and industrial hygienist to those who are immune from liability if the property meets CDPHE standards. If personal property is removed, it is required to be stored in such a manner as to prevent theft or exposure. Creates roles for the governing body, law enforcement and public health agencies.
Position: Monitor
Current Status: Became law without the Governor’s signature

HB1138: Motor Vehicle Safety Belts
Rep. Coleman and Sen. Groff
Repealed the statute making seat belts a secondary offense. Permitted law enforcement officers to stop a car when one or more of its passengers are not wearing a seatbelt.
Position: Monitor
Current Status: Passed in the Senate and lost in the House

HB1226: Identity Theft
Rep. Frangas and Sen. Grossman
Created a class one misdemeanor for gathering personal information by deception if a computer is used a knowing misrepresentation to gather information is made. If sold to another person it is a class 6 felony. If it is stolen from a trash bin then it is a class one misdemeanor. Required website operators to post their privacy policies and sets minimum standards for them. Required entities that collect personally identifying information to have a policy for guarding against unauthorized release, added account numbers or billing numbers to personally identifying information to have a policy for guarding against unauthorized release, added account numbers or billing numbers to personally identifying information, regarding disposal policies.
Position: Monitor
Current Status: Postponed Indefinitely

HB1303: Increase Length of Juvenile Sentences for Persons Over Age 18
Rep. Romanoff and Sen. Anderson
Increased the time the court may sentence an aggravated juvenile offender who is 18 or older at the time of sentencing to county jail or community correctional facility from 6 or 12 months to 2 years. Increased the sentence for probation revocation for a person who is over the age of 18 and on probation for a juvenile act from 6 months to 2 years.
Position: Actively Monitor
Current Status: Withdrawn by sponsor prior to hearing.

SCR008: Permit Recall Elections For Judges
Sen. Lamborn and Rep. Harvey
Proposed an amendment to Article IX of the Colorado Constitution to create a process for holding recall elections for judicial officers. Specified requirements for recall petitions. Required certain text to appear on the ballot with the recall question. Prohibited the recall of a judicial officer who has served less than 6 months and permited more than one recall attempt during a judicial term if the subsequent petition is signed by at least 50% of the number of electors that cast ballots in the previous recall election. Does not apply to County Court judges in Denver. Set ballot question language. (Required two-thirds super-majority approval in both houses to be referred to ballot).
Position: Actively oppose
Current Status: Postponed Indefinitely

SJR045: Prohibit Court Use of Foreign Authority
Rep. Mitchell
Criticized the US Supreme Court for relying on foreign authorities in certain rulings. Cited Roe v. Wade as an example of faulty jurisprudence.
Position: Monitor
Current Status: Postponed Indefinitely

Privacy

HB 1035: More Access To Sex Offender Registry
Rep. Hall and Sen. Williams
Eliminates the need to know provisions in releasing sex offender information. Gives local law enforcement agencies discretion regarding the release of information to a person not residing in the agency’s jurisdiction. Amended to exclude misdemeanants from Internet posting, except for a second offense and requires CBI to post limited information about all felons.
Position: Monitor
Current Status: Signed by the Governor

HB 1041: Open Records of Higher ED Foundations
Rep. Knoedler and Sen. Tupa
Specifies that financial records of nonprofit foundations organized for the benefit of a state institution of higher education are subject to the Colorado Open Records Act. Protects the names of donors and prospective donors from disclosure. Requires each governing board to annually report donations to the governor and the General Assembly.
Position: Monitor
Current Status: Signed by the Governor

HB 1059: Exemptions From Unsolicited Fax Act
Rep. McFayden and Sen. Veiga
Add exemptions to the unsolicited fax prohibition for communications with those persons with whom the sender has an existing business relationship and communications from 501 (c) nonprofit organizations that further the purpose of the organization. Amended to define “existing business relationship” as a voluntary, two-way communication with or without consideration. Effective upon signature of governor.
Position: Passive Support
Current Status: Signed by the Governor

HB1147: Requirements For Petition Circulators
Rep. Weissman and Sen. Tupa
Eliminated the requirement that circulators be registered voters. Eliminated the requirement that the circulator of a petition to nominate a candidate for partisan office be a member of the candidate’s political party. Eliminated the name tag requirement for circulators. Eliminated the requirement that initiative or referendum proponents file disclosure reports regarding payments to circulators. Amended state and local government provisions on initiative and referendum petitions.
Position: Monitor-amend
Current Status: Vetoed by the Governor

HB1308: Sex Offender Registration For Not Guilty By Reason Of Insanity
Rep. Butcher and Sen. Tapia
Amends two statutes to change the word “may” to “shall” to compel the court to require sex offender registration as a condition of release or removal for defendants found not guilty by reason of insanity in an offense involving unlawful sexual behavior, or if the chief officer of the institution to which the defendant was committed for “not guilty by reason of insanity” for some other offense recommends registration based on information obtained from the defendant during the course of treatment. Amended to preserve judicial discretion in cases where registration is recommended based upon information obtained in course of treatment and the defendant was not charged with unlawful sexual behavior.
Position: Monitor as Amend
Current Status: Signed by the Governor

HB1347: Gathering Personal ID Info. By Deception
Rep. Solano and Sen. Bacon
Criminalizes using a false identity to gain the personal identifying information of another individual over the Internet, over the phone, or by any other electronic medium. Creates a class I misdemeanor.
Position: Monitor
Current Status: Signed by the Governor

HJR1015: Privacy For Domestic Violence Shelters
Rep. Paccione and Sen. Grossman
Resolves that the state’s law regarding confidentiality takes precedent over federal HUD regulations that require transmittal of data about individuals in shelters.
Position: Actively Support
Current Status: Adopted

SB087: Concentrating Childhood Immunizations
Sen. Schaffer and Rep. Witwer
Authorizes the Dep’t of Health or its contractor to directly contact a parent or legal guardian and notify the parent if immunizations are due or overdue. Requires the Dep’t to contact the parent or legal guardian if it is necessary to control an outbreak or prevent the spread of vaccine-preventable diseases. (See also HB 05-1161 for funding authority).
Position: Amend
Current Status: Signed by the Governor

SB100: Increased Protection For Homeowners
Sen. Hagedorn and Rep. M. Carroll
Prohibits Home Owners Associations from adopting rules that prevent homeowners from displaying American flags, service flags bearing stars during times of war, or political signs, or from parking certain emergency or utility vehicles on the street or in the driveway near their unit. Invalidates new or existing covenants that prohibit xeriscaping or require landscaping with turf grasses. Creates open records requirements for books and records from HOAs that shall be accessible to members fro inspection and copying, subject to certain exemptions. Numerous other provisions for foreclosure of liens, initiating litigation, and homeowner claims against the HOA, etc.
Position: Passively support
Current Status: Signed by the Governor

SB131: Open Records Exception For Security Info.
Sen. Grossman and Rep. T. Carroll
Regarding security records, allows for the closing of records if the disclosure would pose a real and substantial threat to public health or safety or to the security of a facility or information. Requires financial and procurement records to be public unless the record or a portion thereof meets the above exception. Requires the custodian of records to certify that disclosure would pose a threat. Does not allow a governmental entity to transfer records of a non-governmental entity without that entity’s consent. Repeals existing provisions regarding security records. As amended requires DOLA to provide contact information regarding local custodian of records.
Position: Actively support
Current Status: Signed by the Governor

SB205: Modify Colorado Charitable Solicitations Act
Sen. Schaffer and Rep. Sullivan
Clarifies that lawyers, bankers and investment counselors are not “paid solicitors” or “professional fundraising consultants” by virtue of rendering their professional services to a charity or by advising a client to make a charitable contribution. Requires charity registration with the Secretary of State to disclose name and address of any paid solicitor or “Professional Fund Raising Consultant.” Requires Secretary of State to take steps to enable participation in online national charity information system if deemed appropriate and if such a system is created. Makes an exemption from registration for charities that do not receive more than $25,000 in contributions in a year or contributions from more than 10 persons not applicable to charity that hires a paid solicitor. Modifies registration requirements for professional fundraising consultants to include information on their business entity.
Position: Monitor
Current Status: Signed by the Governor


SJR044: Amend USA Patriot Act
Sen. Tupa and Rep. T. Carroll
Expresses support for constitutional rights and civil liberties and concern that anti-terrorism efforts infringe upon these rights. Includes list of activities that state agencies and instrumentalities should refrain from, including illegal surveillance, maintenance of spy files and racial profiling. Calls upon Congress to amend the USA PATRIOT Act and oppose legislation that infringes on civil liberties.
Position: Actively support
Current Status: Adopted

HB1305: Disclosure Of Information Pertaining To State Audits
Rep. Coleman and Sen. Anderson
Clarified that the State Auditor and staff may have access to confidential or privileged records and information, including attorney work product. Specified that the release of such information to the State Auditor is not a waiver of privilege or confidence, it is not a breach and does not subject such records to discovery. Prohibited the State Auditor, staff and Legislative Audit Committee from releasing such information. Clarified requirement for Legislative Audit Committee to approve any release information by the State Auditor.
Position: Amend
Current Status: Postponed Indefinitely

HB1326: Restrict Residence & Work Location Of Sexual Predators
Rep. Green
Prohibited a sexually violent predator as defined in CRS 18-3-414.5 or a person sentenced under a similar law in another state from knowingly living or working within 1,500 feet of specified locations to be frequented by children, including schools, playgrounds, day care centers, video arcades and shopping malls. Made violations a class one misdemeanor. Permits local governments to adopt more stringent rules for residence and work locations of sex offenders.
Position: Actively oppose
Current Status: Postponed Indefinitely

SB017: Misdemeanor Crime For Failure To Disclose HIV+
Sen. Windels and Rep. Jahn
Created a new class 1 misdemeanor offense for HIV+ persons that engage in specified acts of sexual contact with a partner without first disclosing their HIV status. Contained an affirmative defense for persons who have knowledge of their HIV+ status and have disclosed this fact to their sexual partner.
Position: Actively oppose
Current Status: Postponed Indefinitely

Protected Class

HB 1241: Minimum Standards Of Visitability
Rep. Hodge and Sen. Sandoval
Created a pilot program with any Division of Housing funds for the construction of adequate housing, between 01/01/2006 and 01/01/2009, to be constructed in conformity with minimum standards of visitability. Allowed the division to promulgate minimum standards. Stated that a covered dwelling unit must contain at least one level that satisfies the requirements. Established some areas to be covered by the standards. Required the division to review the operation of the pilot program and submit a report on or before October 1, 2009. Allowed for the promulgation of rules and repeals the act on July 1, 2010.
Position: Monitor
Current Status: Vetoed by the Governor

SB028: Employment Nondiscrimination Act
Sen. Veiga and Rep. Madden
Added sexual orientation to Colorado employment discrimination laws. Permited employers to enforce dress codes and to require reasonably consistent gender presentation for transgender persons. Amended to include a “religious censorship safety clause” that protects the right of employers and employees to express religious beliefs but states that this provision would not permit an employer to discriminate in violation of this section.
Position: Actively Support
Current Status: Vetoed by the Governor

SB 235: Enable Small Group Health Plans To Offer Domestic Partner Coverage
Sen. Veiga and Rep. Marshall
Permits health insurance carriers to offer employers in the small group market standard or basis health plans that include coverage for an employee’s domestic partner and their dependents.
Position: Monitor
Current Status: Signed by the Governor

HCR1002: Limit Legal Status of Marriage To Opposite Sex Couples
Rep. Lundberg and Sen. Jones
Proposed an amendment to the Bill of Rights in the Colorado Constitution to limit marriage, including otherwise valid common law marriage, to couples that consist of one man and one woman. Prohibited the creation or recognition of a legal status for unmarried persons that is “similar to that of the legal status of married persons.” Stated that this section shall not be deemed to invalidate legal obligations or contracts between unmarried persons. (Required two-thirds super-majority approval in both houses to be referred to ballot).
Position: Actively oppose
Current Status: Postponed Indefinitely

SB140: Limiting Legal Implications of Marriage
Sen. Lamborn and Rep. Harvey
Established public policy of Colorado to protect marriage by specifying that only marriages between one man and one woman are “entitled to the totality of legal benefits, protections and responsibilities of marriage.” Prohibited entitlement to the totality of legal benefits that uniquely accrue to married couples to persons in a domestic relationship, civil union or other relationship that does not meet requirements of CRS 14-2-104(1)(b) which requires marriages to be limited to those between one man and one woman. Specified that notwithstanding the marriage recognition provisions of CRS 14-2-112, any relationship that is not one man and one woman, whether or not entered into in Colorado or another jurisdiction, shall not be entitled to the totality of legal benefits that uniquely accrue to married couples.
Position: Actively oppose
Current Status: Postponed Indefinitely

Speech

SB085: Academic Freedom of Higher Ed. Students & Faculty
Sen. Hagedorn and Rep. Paccione
Amended to render entire bill a mere legislative declaration on academic freedom consisting of six paragraphs. Amended to broaden the provision concerning interference by legislators to refer to any “elected officials.” Bill title amended.
Position: Actively oppose
Current Status: Defeated in the House

SJR010: Dismiss Professor Churchill From CU
Sen. Lamborn and Rep. Schulteis
Made extensive finding about Prof. Ward Churchill, then called for the CU Regents to terminate his employment at the University.
Position: Actively oppose
Current Status: Postponed Indefinitely

TABOR Reform

HB 1194: Adjust Limit To Stabilize State Budget
Rep. Romanoff and Sen. Johnson
Refers a question to Colorado voters in November 2005 seeking permission to retain all revenues in excess of TABOR limit for the next five fiscal years, and specified amount ($100 million) in years thereafter if voters approve the companion bonding measure. Also states that voter approval constitutes a voter-approved revenue change and the authority to spend said revenues for the purposes of TABOR. Defines terms. Amended to earmark use of retained excess revenues for health care; public K-12 education; higher education; roads, bridges and strategic transportation projects; and police and firefighter retirement plans. Includes capital construction projects for education. Amended to require annual reporting on amount of excess revenue retained and how it was spent. (See also HB 1333 and HJR 1057, which propose the bonding measure that will be referred to ballot as “Referendum D,” and HB 1350 which further defines purposes for which retained moneys may be expended. Sets ballot question for “Referendum C” as follows: “Without raising taxes and in order to pay for education; health care; roads; bridges and other strategic transportation projects; and retirement plans for firefighters and police officers, shall the state be authorized to retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending for the next five fiscal years beginning with the 2005-06 fiscal year, and to retain and spend an amount of state fiscal year spending for each succeeding fiscal year and for each succeeding fiscal year up to the excess state revenues cap defined by this measure?”
Position: Actively support
Current Status: Passed both the House and the Senate and will appear on the ballot in November

Elections

SB198: Concerning The Conduct Of Elections
Sen. Gordon and Rep. Madden
Conference Committee Report amends bill to make it identical to SB 206
Position: Amend—support
Current Status: Signed by the Governor

SB206: Concerning Elections
Sen. Tupa and Rep. White
Implements the recommendations of the Secretary of State’s Blue Ribbon Election Panel. Requires persons who intend to conduct voter registration drives to register with the Secretary of State, fulfill training requirements, use approved forms, and deliver completed forms to county clerks within 5 business days of the date the application is signed. Prohibits voter registration drives from compensating employees on an amount per voter basis. Creates penalties for violations. Requires electronic voting systems to produce a voter-verified paper record of each elector’s vote by Jan. 1, 2008 unless the county determines that it is not financially feasible to do so. Creates a right to a provisional ballot, and provides persons who do not show identification with a provisional ballot. Permits persons that had requested absentee ballots but not cast them to cast a provisional ballot if they affirm that they did not cast the absentee ballot, and states that the provisional ballot shall be counted if the election official later verifies that the absentee ballot was not cast. Makes provisional ballots considered to be voter registration applications except in cases of no identification or if the absentee ballot was not cast. Specifies that when a provisional ballot shall be counted, and an amendment specifies that a voter in a wrong precinct that uses a provisional ballot shall have their vote counted for all federal races and statewide offices and issues. Requires each election official to appoint a board to count provisional ballots. Makes numerous changes to election calendar. Amended to change the date of precinct caucuses to the third Tuesday in March of each even-numbered year. Amended to require random audits by Secretary of State that involves a manual recount of less than 1% of voting machines in each county. Amended to update laws on challenges to a person’s right to vote, including specifying that if a person refuses to take an oath or answer questions then they may only cast a provisional ballot, but, they will be offered a regular ballot if they sign the oath. Amended to prohibit the Secretary of State from serving as highest-ranking official, whether actual or honorary, in the campaign for any candidate for federal or statewide office. Amended to require Secretary of State to establish a training and certification program for election officials. (See also SB 198).
Position: Amend
Current Status: Signed by the Governor

SB048: Preparation Of Blue Book
Sen. Dyer
Eliminated the role of the Legislative Council of the General Assembly (the legislative committee) from the review and editing of the “blue book” that is prepared for each state election with initiated or referred measures. Required the director of the legislative council (the staff agency) to hold public hearings on draft of the booklet. Required that specified state officers and employees be invited to the hearing. (See also SB 94).
Position: Monitor
Current Status: Postponed Indefinitely

SCR009: Commission on Redistricting the General Assembly & Congress
Sen. Hillman
Proposed an amendment to the Colorado Constitution to have a commission redistrict both general assembly and congressional legislative districts. Set ballot title. (Requires two-thirds super-majority approval in both houses to be referred to ballot).
Position: Monitor
Current Status: Postponed Indefinitely